State regs.-child-care centersMinimum Standards for Child-Care Centers
Physical Facilities
§746.4215
May other programs use my licensed indoor space at the same time I have children in
care?
Subchapter T, Physical Facilities
Division 1, Indoor Space Requirements
09/01/03
No. You must not share the indoor licensed activity space with other programs at the
same time you have children in care.
§746.4217
May I care for children above or below ground level?
Subchapter T, Physical Facilities
D~/ision l, Indoor Space Requirements
09/01/03
You must not care for children on any level above or below ground level without written
approval from the state or local fire marshal.
Outdoor Space Requirements
§746.4301
How many square feet of outdoor activity space must I have?
Sabchapter T, Physical Facilities
DiviSion 2, Outdoor Space Requirements
09/01/03
(a) You must have 80 square feet of outdoor activity sp~ce for each child using the
outdoor activity area at one time, unless you are licensed to provide only:
( I ) An alternate care program; or
(2) A get-well care program.
(b) You must have enough square footage in the outdodr activity space to equal at least
25% of your licensed indoor capacity.
(c) If you were licensed before September 1,2003, youdo not have to comply with the
outdoor activity space requirements specified in subsection (b) of this section unless
the permit issued prior to September I, 2003, is no longer valid.
NAEYC affirms that adequate outdoor space fo~f play is necessary for the
development of gross motor (large muscle) skills and to provide children
with fresh air and sunshine.
Texas Department of Family and Protective Sercices
Physical Facilities
Minimum Standards for Child-Care Centers
§746.4305
Must I fence the outdoor activity space?
Subchapter T, Physical Facilities
Divif~ion 2, Outdoor Space Requirements
09/01/03
Yes. A fence or wall at least four feet high must enclose the outdoor activity space unless
you meet one of the tbllowing:
( 1 ) You am licensed to provide only an after-school care program in a classroom facility
owned, operated, and administered by and located ia a public school as defined by
the Texas Education Agency;
(2) You are licensed to provide only an alternate cam program;
(3) You are licensed to provide only a get-well care program; or
(4) The only children using the outdoor activity space aire five years old or older.
Enclosed outdoor areas keep pre-kindergarten ~ge and younger children
in a controlled area for their safety and ease of ~, upervision, ~
§746.4307
How many exits must I have from my fenced outdoor activity, space?
Subchapter T, Physical Facilities
Division 2~ Outdoor Space Requirements
09/01/03
Each fenced yard must have at least two exits. An entral~ce to the building may count as
one exit, but one exit must be away from the building.
§746.4309
May I keep the gates leading into my outdoor activity space locked while children are in
care?
Subchapter T, Physical Facilities
Division 2, Outdoor Space Requirements
09/01/03
Yes, however the locking mechanism must be accessible to all employees at all times.
Employees must be able to open the gates immediately in an emergency and satisfactorily
demonstrate this ability to Licensing staff' upon request.
126 Texas Department of Family and Protective Services
Minimum Standards for Child-Care Centers
Physical Facifities
§746.4311
Must the outdoor activity space be connected to the child-ca 'e center?
Subchapter T, Physical Facilities
Divt~, ion 2, Outdoor Space Requirements
j 09/01/03
No; however, all outdoor activity areas used by childreq must be accessible by a safe
route. We must approve a plan to use an outdoor activity' space that is not connected to
the child-care center, such as a near-by park, schoolyar% rooftop, or other alternative. We
will consider the following criteria before approving th~, plan:
(1) Traffic patterns of vehicles and people in the area; [
(2) Ages of children in the groups;
(3) Availability of appropriate equipment;
(4) Usage of the location by other persons when the children would be most likely to use
(5) Neighborhood circumstances, hazards, and risks;
(6) Accessibility to children and caregivers on foot or tl~e availability of push-carts or
other means of transporting infants and toddlers;
(7) Reasonable accessibility ofrestroom facilities; and I
to obtain assistance if needed when injury ot illness occurs.
(8)
Ability
§746.4313 ;
Must I comply with additional requirements if my plan to uselan outdoor activity space
not connected to my child-care center is approved by Licens!ng?
Subchapter T, Physical Facilities
Division 2, Outdoor Space Requirements
I ~ 09/01/03
Yes. If we approve the outdoor activity space, you.mus~:
L
(I) Give parents written notification of the location oft~e outdoor activity ar[~,~pon
their child's enrollment;
(2) Develop a written plan to supervise children, both 4uring play and while traveling to
and from the outdoor activity space; and
(3) Meet other conditions specified by Licensing stall; if applicable.
§746.4315
May other programs use my licensed outdoor activity space ~at the same time I have
children in care? ~
Subchapter T, Physical Facilities
No. You must not share the licensed outdoor activity si
same time you have children in care.
rsion 2, Outdoor Space Requirements
09/01/03
ace with other programs at the
Texas Department of Family and Protective Services 127